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HomeMy WebLinkAbout00 - Agendac�/_Irovt% `n CITY OF NEWPORT BEACH CITY COUNCIL AGENDA CLOSED SESSION, REGULAR MEETING, AND REORGANIZATION DECEMBER 10, 2019 CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 REGULAR MEETING — 7:00 P.M. REORGANIZATION — SPECIAL ORDER OF BUSINESS AT 7:15 P.M. DIANE B. DIXON, Mayor WILL O'NEILL, Mayor Pro Tem BRAD AVERY, Council Member JOY BRENNER, Council Member DUFFY DUFFIELD, Council Member JEFF HERDMAN, Council Member KEVIN MULDOON, Council Member GRACE K. LEUNG, City Manager AARON C. HARP, City Attorney LEILANI I. BROWN, City Clerk CAROL JACOBS, Assistant City Manager NOTICE REGARDING PRESENTATIONS REQUIRING USE OF CITY EQUIPMENT Any presentation requiring the use of the City of Newport Beach's equipment must be submitted to the City Clerk 24 hours prior to the scheduled City Council meeting. PUBLIC HEARINGS If in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing. NOTICE TO THE PUBLIC The City provides a yellow sign -in card for those wishing to address the City Council to assist in the preparation of the minutes. The cards are available in the lobby of the Council Chambers. Speakers are not required to submit a card as a condition to addressing the City Council. If you do fill out the card, please place it in the box at the podium. Any times listed in this agenda are provided as a courtesy and the actual item may be heard either before or after the time given. This agenda was prepared by the City Clerk and staff reports are available at the City Clerk's Office located at 100 Civic Center Drive (Bay E, 2nd Floor). Staff reports or other written documentation have been prepared or organized with respect to each item of business listed on the agenda. If you have any questions or require copies of any of the staff reports or other documentation regarding any item of business on the agenda, please contact City Clerk staff at 949-644-3005. Agendas, minutes and staff reports are also available on the City's webpage at newportbeachca.gov/agendas. The City of Newport Beach's goal is to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, we will attempt to accommodate you in every reasonable manner. Please contact Leilani Brown, City Clerk, prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible (949-644-3005 or cityclerk(a)newportbeachca.gov). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE, NEWPORT BEACH DECEMBER 10, 2019 REGULAR MEETING — 7:00 P.M. REORGANIZATION — SPECIAL ORDER OF BUSINESS AT 7:15 P.M. CONVENE AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL III. INVOCATION — Reverend Keith Horwitz, Soul Center OC IV. PLEDGE OF ALLEGIANCE V. NOTICE TO THE PUBLIC The City provides a yellow sign -in card to assist in the preparation of the minutes. The completion of the card is not required in order to address the City Council. If the optional sign -in card has been completed, it should be placed in the box provided at the podium. The City Council of Newport Beach welcomes and encourages community participation. Public comments are generally limited to three (3) minutes per person to allow everyone to speak. Written comments are encouraged as well. The City Council has the discretion to extend or shorten the time limit on agenda or non -agenda items. As a courtesy, please turn cell phones off or set them in the silent mode. VI. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES VII. PUBLIC COMMENTS ON CONSENT CALENDAR This is the time in which Council Members may pull items from the CONSENT CALENDAR for discussion (ITEMS 1 — 9). Public comments are also invited on Consent Calendar items. Speakers must limit comments to three (3) minutes. Before speaking, please state your name for the record. If any item is removed from the Consent Calendar by a Council Member, members of the public are invited to speak on each item for up to three (3) minutes per item. All matters listed under CONSENT CALENDAR are considered to be routine and will all be enacted by one motion in the form listed below. Council Members have received detailed staff reports on each of the items recommending an action. There will be no separate discussion of these items prior to the time the City Council votes on the motion unless members of the City Council request specific items to be discussed and/or removed from the Consent Calendar for separate action. VIII. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the November 19, 2019 City Council Meetings Waive reading of subject minutes, approve as written, and order filed. 2. Reading of Ordinances Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title only. City Council Meeting December 10, 2019 Page 2 RESOLUTIONS FOR ADOPTION 3. Resolution No. 2019-104: Setting City Council Regular Meeting Dates for Calendar Year 2020 a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2019-104, A Resolution of the City Council of the City of Newport Beach, California, Setting the Time and Dates of City Council Regular Meetings for Calendar Year 2020. 4. Rescinding Resolution No. 2015-77 and Adopting Resolution No. 2019-105: Amending the Paramedic Subscription Program Pursuant to Chapter 5.60 of the Newport Beach Municipal Code a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2019-105, A Resolution of the City Council of the City of Newport Beach, California, Rescinding and Replacing Resolution No. 2015-77 Relating to the Paramedic Subscription Program Service Charges Pursuant to Chapter 5.60 (Paramedic Service User Fees) of the Newport Beach Municipal Code. CONTRACTS AND AGREEMENTS 5. Corona del Mar Fire Station No.5/Library Replacement — Notice of Completion for Contract No. 8136-2 (15F12) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and c) Release the Faithful Performance Bond one year after acceptance by the City Council. 6. Newport Pier Area Water Main Replacement —Award of Contract No. 7631-2 (20W11) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Class 2 Section 15302(c) (replacement of existing public facilities involving negligible or no expansion of capacity) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment; b) Approve the project plans and specifications; c) Award Contract No. 7631-2 to Paulus Engineering, Inc. for the bid amount of $2,651,674.10 for the Newport Pier Area Water Main Replacement project and authorize the Mayor and City Clerk to execute the contract; and d) Establish a contingency of $265,000.00 (approximately 10% of total bid) to cover the cost of unforeseen work not included in the original contract. 7. Approval and Award of Professional Services Agreement with Urban Crossroads for Traffic Modeling Update Services a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve a Professional Services Agreement with Urban Crossroads of Newport Beach, California for a two-year term and a total amount not -to -exceed $242,800, and authorize the Mayor and City Clerk to execute the agreement. City Council Meeting December 10, 2019 Page 3 MISCELLANEOUS 8. Planning Commission Action Report for the November 21, 2019 Meeting and Agenda for the December 5, 2019 Meeting Receive and file. 9. Budget Amendment to Accept a Check from the California State Library for Literacy Services (CLLS) and Appropriate Funds to the Library's FY 2019-20 Maintenance and Operation Budget a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Accept a check in the amount of $18,000 from the California State Library for Literacy Services (CLLS) and approve Budget Amendment No. 20-023 to increase expenditures by the same amount in the Literacy accounts indicated. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED IX. ITEMS REMOVED FROM THE CONSENT CALENDAR X. PUBLIC COMMENTS ON NON -AGENDA ITEMS Public comments are invited on non -agenda items generally considered to be within the subject matter jurisdiction of the City Council. Speakers must limit comments to three (3) minutes. Before speaking, please state your name for the record. XI. REORGANIZATION — SPECIAL ORDER OF BUSINESS AT 7:15 P.M. 10. Presentation of Gavel Plaque to Outgoing Mayor Diane Dixon and Remarks by Outgoing Mayor 11. Election of Mayor The City Clerk presides over the election of the Mayor. The City Clerk, in presiding, places all members of the Council on an equal basis to nominate and elect. a) Conduct verbal nominations for Mayor and conduct election by roll call vote; b) The new Mayor is announced by the City Clerk; and c) The Mayor takes his/her proper place at Council dais. 12. Election of Mayor Pro Tem The Mayor presides over the election of the Mayor Pro Tem. The Mayor, in presiding, places all members of the Council on an equal basis to nominate and elect. a) Conduct verbal nominations for Mayor Pro Tem and conduct election by roll call vote; b) The new Mayor Pro Tem is announced by the City Clerk; and c) The Mayor Pro Tem takes his/her proper place at Council dais. 13. Seating Arrangements for City Council Council decides on seating arrangement of Council dais. Per City Council Policy A-1, Council Members re-elected in 2018 would have first preference, then Council Members elected in 2016, and then the Council Member elected in 2018. In the event of equal seniority, selection of seats shall be made by the Council Member who received the highest margin of victory percentage in the most recent election. 14. New Mayor Remarks City Council Meeting December 10, 2019 Page 4 XII. PRESENTATION • Recognition to Tony Cappa for 27 Years of Leading the OASIS Senior Center's Ukulele Club XIII. CONSENT CALENDAR MISCELLANEOUS 15. Designation of City's Representatives Under California Government Code Section 54957.6(A): Pursuant to California Government Code Section 54957.6(a), designate the Mayor and Mayor Pro Tem as the City's designated representative for purposes of labor negotiations with all unrepresented employees within the Key and Management Group including, but not limited to, the City Manager, City Attorney and City Clerk. XIV. MOTION FOR RECONSIDERATION A motion to reconsider the vote on any action taken by the City Council at either this meeting or the previous meeting may be made only by one of the Council Members who voted with the prevailing side. XV. ADJOURNMENT — In memory of Kay Sandland Testimony given before the City Council is recorded. The timing light will turn yellow when the speaker has one minute left. The timing light will turn red when the speaker has 10 seconds left. PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE.